HomeMy WebLinkAboutRes 2010-12-08 Development Agreement with Chapel Hill Investments LTD.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2010-12-08
A RESOLUTION ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF ANNA AND CHAPEL HILL INVESTMENTS LTD, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Chapel Hill Investments L TO (the
"Owner") desire to enter into a Chapter 43 Texas Local Govemment Code Development
Agreement (the "Agreement"); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of the Agreement is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The City Council hereby approves the Agreement, attached hereto as EXHIBIT 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on behalf of the City subject to the following:
a) Any changes to the Agreement must be approved by a vote of the City Council at
duly noticed City Council meeting and approved as to form by the City Manager
and the City Attomey.
b) The final Agreement, including any changes thereto, must be signed and
executed by the Owner before December 14, 2010.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 8th
day of December 2010.
APPRO\/, 0: ATTEST:
12..()8..10
RECEIVED
CITYOFANNA
DEC - 9 2010
BY: c:Jw
STATE OF TEXAS )
)
COUNTY OF COLLIN )
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas
Local Government Code by and between the City of Anna, Texas (the "City") and the
undersigned property owner(s) (the "Owner"). The tenn "Owner" includes all owners of
the Property.
WHEREAS, the Owner owns a parcel of real property(s) (the ''Property'') in Collin
County, Texas, commonly known as John Rowland Survey and as shown in the attached
Exhibit"A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of
the Texas Local Government Code, in order to address the desires of the Owner and the
procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the term (defined
below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Collin County.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. The City guarantees the continuation of the extraterritorial status of the
Owner's Property, its immunity from annexation by the City, and its immunity from City
property taxes, for the tenn of this Agreement, subject to the provisions of this
Agreement. Except as provided in this Agreement, the City agrees not to annex the
Property, agrees not to involuntarily institute proceedings to annex the Property, and
further agrees not to include the Property in a statutory annexation plan for the Term of
this Agreement. However, if the Property is annexed pursuant to the provisions of this
Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of
Texas Local Government Code.
Seetion 1. The Owner covenants and agrees not to use the Property for any use other than
for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of
the Texas Tax Code, except for existing single-family residential use of the Properly,
without the prior written consent of the City.
The Owner covenants and agrees that the Owner will not file any type of subdivision plat
or related development document for the Property with Collin COWlty or the City until
the Property has been annexed into, and zoned by, the City.
The Owner covenants and agrees not to construct, or allow to be constructed, any
buildings on the Property that would require a building permit if the Property were in the
city limits, until the Property has been annexed into, and zoned by, the City. The Owner
also covenants and agrees that the City's AG-Agricultural District zoning requirements
apply to the Property, and that the Property shall be used only for AG-Agricultural
District zoning uses that exist on that Property at the time of the execution of this
Agreement, Wlless otherwise provided in this Agreement
The Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who signs this
Agreement covenants and agrees. jointly and severably, to indemnify, hold harmless, and
defend the City against any and all legal claims, by any person claiming an ownership
interest in the Property who has not signed the Agreement, arising in any way from the
City's reliance on this Agreement
Sectioa 3. The Owner acknowledges that if any plat or related development document is
filed in violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other remedies,
such act will constitute a petition for VOIWltary annexation by the Owner, and the
Property will be subject to annexation at the discretion of the City Council. The Owner
agrees that such annexation shall be voluntary and the Owner hereby consents to such
annexation as though a petition for such annexation had been tendered by the Owner. If
annexation proceedings begin pursuant to this Section, the Owner acknowledges that this
Agreement serves as an exception to Local Government Code Section 43.052, requiring a
numicipality to use certain statutory procedures under an annexation plan. Furthermore,
the Owner hereby waives any and all vested rights and claims that they may have under
Section 43.002(a)(2) and Chapter 245 of the Texas Local Govemment Code that would
otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein.
The Owner further agrees that the Owner win not in any manner contest any annexation
of the Property initiated by the City under this Section or any annexation of the Property
completed by the City after the Term of this Agreement
Sedioa 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code,
the City is authorized to enforce all of the City's regulations and planning authority that
do not materially interfere with the use of the Property for agriculture, wildlife
management, or timber. in the same manner the regulations are enforced within the City's
boundaries. The City states and specifically reserves its authority pursuant to Chapter 2S 1
of the Texas Local Government Code to exercise eminent domain over property that is
subject to a Chapter 43 and/or Chapter 212 development agreement.
Section 5. The term of this Agreement (the "Term'') is five years from the date that the
City Manager's signatw'e to this Agreement is acknowledged by a public notary. The
Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed
a petition for vohm:tary annexation before the end of the Term, for annexation of the
Property to be completed on or after the end of the Term. Prior to the end of the Term.
the City may commence the vohmtary annexation of the Property. In comection with
annexation pursuant to this section, the Owners hereby waive any vested. rights they may
have wder Section 43.002(a) (2) and Chapter 245 of the Texas Local Government Code
that would otherwise exist by virtue of any application, plan, plat or consttuction any of
the owners may submit or initiate during the time between the expiration of this
Agreement and the institution of annexation proceedings by the City.
SectIon 6. Property annexed pursuant to this Agreement shall be temporarily classified as
AG Agricultural District wtil permanent zoning is established by the City Council
pursuant to the City's Code of Ordinances, pending determination of the Property's
permanent zoning in accordance with the provisions of applicable law and the City's
Code of Ordinances.
Section 7. Any person who sells or conveys any portion of the Property shall, prior to
such sale or conveyance, gives written notice of this Agreement to the prospective
purchaser or grantee, and shall give written notice of the sale or conveyance to the City.
Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City
written notice within 14 days of any mange in the agricultural exemption status of the
Property. A copy of either notice required by this section shall be forwarded to the City at
the following address:
CityofAma
Attn: City Manager
111 N. Powell Parkway
Anna, Texas 7S409
Section 8. This Agreement shall nm with the Property and be recorded in the real
property records of Collin County, Texas.
SectIon 9. If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable~ including the covenants regarding involuntary
annexation, then the remainder ofthis Agreement shall remain in full force and effect.
Section 10. This Agreement may be enforced by any Owner or the City by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce
the provisions ofthis Agreement thereafter.
Seetlon 11. No subsequent cl1ange in the law regarding annexation sball affect the
enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to the terms of this Agreement
Section 12. Exclusive jurisdiction and venue for disputes arising out of or related in any
way to this Agreement shall be in Collin Cot8l1y. Texas.
Section 13. This Agreement may be separately executed in individual counterparts and,
upon execution, shall constitute one and same instrwnent.
Sedloa 14. This Agteement shall survive its termination to the extent necessauy for the
implementation of the provisions of Sections 3, 4, and 5 herein.
Entered into this B day of Dc£." ~hd!.C ,2010.
if~3!.~ Nalha J Wilkison . *i i" My ComlnlSSIOl1 EXPIres ~Of''#-~ 1111312013
~rJ.~v.~<A{3!WE/<
THE STATE OF TEXAS }
COUNTY OF PA-u,t' }
Owner 2 d . Ii.
Printed Name:VL,4 tNt:~51<1(/18I7N€k
mE STATE OF TEXAS}
COUNTY OF 9A lL-.b }
This instrument was acknowledged before me on the-z,t~day of tJQV&Yt6~ 2010, by
cr,! f tfli A, $d..It l3AN~r 'Owner 2.
~jP-
Owner 3
Printed Name: ___________
mE STATE OF UXAS }
COUNTY OF }
This instrument was acknowledged before me on the _day of 2010, by
_________,Owner3.
Notary Public. State of Texas
Owner 4
Printed Name: ___________
mE STATE OF TEXAS}
COUNTY OF }
This instrument was acknowledged before me on the _day of 2010, by
_________, Owner 4.
Notary Public, State of Texas
EXHIBIT A
SITUATED in Collin County, Texas in the John Rowland Survey, Abstract No. 784, in Collin County, Texas and being
more particularly described by metes and bounds as follows:
COMMENCING from the approximate intersection ofC.R. 424 and C.R. 511: Thence North 44 degrees 59 minutes 08
seconds west, 28.28 feet to the PLACE OF BEGINNING;
THENCE West a distance of 1,239.81 feet to a point for comer;
THENCE north 00 degrees 01 minutes 21 seconds east a distance of 1,158.50 feet to a point for comer;
THENCE south 89 degrees 52 minutes 25 seconds east a distance of239.81 feet to a point for comer;
THENCE north 01 degrees 02 minutes 36 seconds east a distance of727.12 feet to a point for comer;
THENCE north 00 degrees 58 minutes 25 seconds east a distance of 415.99 feet to a point for comer;
THENCE East a distance of 1,000.14 feet to a point for comer;
THENCE south 00 degrees 58 minutes 25 seconds west a distance of 434.20 feet to a point for comer;
THENCE south 01 degrees 02 minutes 36 seconds west a distance of710.97 feet to a point for comer;
THENCE south 00 degrees 01 minutes 44 seconds west, 1,155.91 feet to the PLACE OF BEGINNING save and except
any portion of C.R. 424 and C.R. 511 and containing 59.2 acres of land more or less.
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